Question:medium

X, Y, Z jointly promise to pay A an amount of Rs. 50,000/- Subsequently X, Y became untraceable. Can A compel Z to pay?

Show Hint

Under Section 43 of the Indian Contract Act, when multiple persons are jointly liable, the remaining parties can be compelled to perform the obligation if one is untraceable.
Updated On: May 24, 2026
  • A can, under Section 43 para 1
  • A can under Section 49 para 1
  • A cannot and will have to wait till X, Y become traceable
  • Z can be compelled only for one third
Show Solution

The Correct Option is A

Solution and Explanation

Step 1: Understanding the Question.
When multiple parties jointly promise to pay a sum, as per Section 43 of the Indian Contract Act, 1872, if all or some of the promisors fail to perform, the promisee (A in this case) can compel any one or more of the joint promisors to perform the entire promise. Here, X and Y are untraceable, but Z remains liable. The section explicitly states that the liability is joint and several, allowing A to seek the full amount from Z. Step 2: Analyzing the Options.
- Option (a) refers to Section 43, Paragraph 1, which supports the right of A to compel Z for the full Rs. 50,000/-, as the liability is joint and several. - Option (b) refers to Section 49, which deals with the performance of a promise where the promisor has no reasonable opportunity to perform, not applicable here as the issue is untraceability, not opportunity. - Option (c) suggests waiting for X and Y, which contradicts the joint and several liability principle. - Option (d) limits Z's liability to one-third, which is incorrect as the law does not apportion liability in this manner unless specified. Step 3: Conclusion.
Given that Section 43, Paragraph 1, allows A to compel Z for the entire amount despite X and Y being untraceable, (a) is the correct answer. The joint liability ensures A is not left without recourse.
Was this answer helpful?
0

Top Questions on Contract Law